Small claims dispute, never served but lost the case!?

Question

Ok,
So someone sued me for something some time ago. However, the papers were delivered to my EX at my old house and she never gave them to me. Soooo, my court date came/went and months later I find out that I lost the case because I didn't show up.

I can't really afford to hire a lawyer, so what can I do?
Anyone know what forms I could/should look into in an effort to get the case re-opened?

Thanks

Answer 1

In Pennsylvania, you could file an appeal to the Court of Common Pleas.

Answer 2

You would file a Motion to Vacate (or set aside) Default Judgment, and then set a hearing date. Make sure you send a copy of the Motion to Vacate and the Notice of Hearing to the plaintiff. Show that you weren't ever served the papers. You will have to show that your address was in fact different at the time the papers were served. In other words, residential service is often valid when in these cases, but if you can show that you didn't live at the address of service, you should be able to overturn the judgment.

After that, you will have the opportunity to have a new trial on the matter. Depending on the amount of money involved, this would be your opportunity to discuss the matter with the plantiff and either settle it or try the matter. If you need help with that, you need to consult an attorney licensed in your jurisdiction. For a referral, contact your local or state bar association.

Answer 3

File an objection to the default ruling, due to lack of proper service of the Summons.

In your objection statement, state that you did not reside at the place where service was allegedly effectuated. Also, enclose evidence that you no longer lived there, such as phone bills, utility bills, lease, et al.

The Court should vacate the prior order, and allow a new trial.

Good luck!

Answer 4

You cannot reopen the case - it is decided - your failure to appear resulted in a default judgment against you. Your statutory appeal period has likely expired if it was "months ago." You could hire a lawyer and try to have the default judgment vacated, but lawyers cost money. I don't think you would be able to successfully vacate a judgment yourself, without the aid of an attorney. My advice: If a money judgment was rendered against you, it is best that you contact the judgment holder and make arrangements to either settle in full or pay it off. Don't throw good money after bad decisions - just bit the bullet and pay. Good luck.

Answer 5

Dude, wtf? Why didn't you tell me about this?!